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(영문) 서울중앙지방법원 2018.10.10 2014가합595633
손해배상 청구 등
Text

1. The part of the Plaintiff’s lawsuit against Defendant C Co., Ltd., which claimed KRW 7,302,88,913 and its delay damages.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is the 27-dong A Apartment-dong 2815 (hereinafter “instant apartment”).

In order to manage it, the autonomous management body consisting of the occupants, and Defendant B Apartment Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”).

(2) On May 16, 2005, the Defendant Association, which built the instant apartment and sold it in lots, was authorized to implement the project for the reconstruction of the instant apartment. (2) Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D Co., Ltd., the administrator of the rehabilitation company D Co., Ltd. (hereinafter “Defendant C”) and the rehabilitation company D Co., Ltd., the rehabilitation company taking over the lawsuit of Defendant D Co., Ltd. (hereinafter “Defendant D”) without distinguishing before and after the commencement of the rehabilitation procedure as seen in paragraph (3) below

[2] The Defendant Cooperative Co., Ltd. jointly contracted the new construction of the apartment of this case by the Defendant Cooperative (hereinafter “Defendant Co., Ltd.”).

(3) On the other hand, on January 7, 2015, Defendant D received a decision on the commencement of rehabilitation procedures by the Seoul Central District Court 2014 Gohap100212, and Defendant D again took over the lawsuit on October 27, 2016 after the rehabilitation procedure was completed on October 27, 2016.

4) On February 5, 2015, the Plaintiff and the Defendant Cooperative reported each rehabilitation claim regarding the damage claim in lieu of the defect repair corresponding to KRW 6,885,00,000 arising from the instant apartment against Defendant D, and the manager E of the rehabilitation company D Co., Ltd., a lawsuit taken place by Defendant D, raise an objection to the said claims. B. The instant apartment was approved for use on January 14, 2010, and the Defendant Co., Ltd failed to construct the instant apartment in accordance with the design drawings or constructed the instant apartment.

2. Accordingly, the occupants and sectional owners of the plaintiff and the apartment of this case from the time of the above approval for use.

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